Good luck!   

I had not known that they would not recognize or implement an action without a 504. That makes sense, but I wish my coordinator had said so that I could have gotten started on that earlier.

I'll ask about more documentation when I call my allergist for a refill on my inhaler.

CM has experience getting 504 accomodations in university (they are not for the workplace) so she would be a better resource than myself on getting or using one there. What I would emphasize from my previous post is what the profs see at the beginning of semester is who will need accomodations. I don't think he necessarily knows why but for sure it provides the vital lattitude a student needs to negotiate the rules that will otherwise observe your disability. You are expected at the university level to have it done before the big ticket items kick in. So shore up all that is going on medically and get your disability recognized by the office. Easier said than done I know I deal with elemntary school food projects and birthday cupcakes and foodie field trips all the time.

Anyhow... in the case you have to wihdraw and petition preserve your academic standing with documentation. Your profs hands are tied without proof of disability. Go harder at that office, enlist your advisor to advocate with you if possible and if you haven't seen your advisor - do.

Call DOJ as CMDeux suggests, I second that.

I went in to the office in the third week of classes for this semester. My original, and now apparently unreasonable, assumption was that since there were signs in my classrooms people would not eat. For the first two weeks this was true. Then people started to bring in food.

When I went to speak with the person in the disabilities office I brought all my documentation in and no one mentioned that I would need any sort of plan for accommodations. (I am now of the opinion that having an established 504 may prove a great starting point when I re-enter the workforce.) The whole tone of the meeting was well, everything is contingent on someone else needing that in your class, even for the next semester. I am hoping that with the 504 people would be more likely to enforce the rules. My professors made announcements, sent emails, put the information on each class website. So it's not a matter of no one knowing about it at this point.

I feel really wimpy for saying this but I still remember what happened at my last workplace and I get a feeling in my gut about asking for accommodations. But I am paying for my classes and I am paying for my right to attend that class.

The part that really made me worry was the fact that, right as the disabilities coordinator made the announcement about eating in class, someone ate in the front row. It was a pretty strong indicator that this was work, but amplified. And that made me nervous. So I have been leaving class as necessary, trying to self-medicate, and remaining vigilant. I understand there is probably not much more that I can do than that.

    Exactly. 

OP, put everything on hold until you initiate 504 with all relevant paperwork submitted. Hope this doesn't come across as blaming the victim but you shot yourself in the foot on timing becuase right around the end of semester or term during late midterms or finals is when your less scrupulous classmates (or plain lazy) drag out every excuse in the book why they either performed badly or didn't perform at all. About 1 in 40 reasons turns out to be legit, all those in need of accomodations processed BEFORE class started.

So even if you got a prof like my DH who is well versed in FA he

a) Might not be able to recognize the signs of a reaction in you, especially if he was not informed prior.

b) Can only grant you so much in comparison with other students without any proof or designations via disability office. Trust me that other students will cry foul if he grants one somethin arbitrarily. Backed by a 504 he can work within the system.

c) Will understandably not be able to differentiate this claim at the end of class from the other 30 or so problems that magically only occur at finals.

I can't say this enough, you would be making your profs' time management much easier by getting a 504 with accomodations set up for them to follow.

Umm... yes, they CAN prohibit eating in particular spaces on campus.  Oh. yes. they. can.  And they can darned well KICK PEOPLE OUT for violating the policy.  Period.



(And already do-- for safety reasons; ask if this means that eating is permitted, then, in the campus chemistry or biochemistry labs...     )



What has the instructor had to say to you on this subject since you brought it up?  How has that conversation gone?  Is this person: a) unwilling to rock the boat because the offenders have higher status somehow?  b) conflict-avoidant to the point of being a doormat? c) FRIENDS with the offenders (or perhaps sharing national origin)? d) thinking that s/he is 'above' being told what to do-- by anyone?  Those are all quite different situations w/r/t an academic setting, but all are also quite common.  That's why I ask.


More pragmatically, since you are clearly dealing with a useless and spineless group in your campus disability services office,

find out who posted those signs in that room.  Let THEM know that instructors aren't enforcing it-- and complain.  NAME NAMES.

THEN, complain to the department through which you are taking this class.  Ask to speak to the department chair and explain that you have an EXPECTATION that the posted policy would be enforced.  It has not been, and this has been curtailing your access to the classroom.  Therefore, you would like to be reimbursed your tuition and have a withdraw without any indication on your transcript-- if you cannot safely attend class.  Unless, of course, they are offering to cover your medical bills, too, so that the instructor doesn't have to confront students who are eating in that space -- which is POSTED already as being no-food-and-drink-allowed.

Is the instructor faculty?  Fixed term, tenure track, or adjunct?  Post doc?  Or grad student?  If it is anything but regular tenure-track faculty, you'll probably get some traction by following up with the individual department head.





Call DOJ yourself.  Seriously.


Tell disability services that maybe they should call DOJ for some technical assistance, too.  This is VERY VERY VERY clearly a case of an unwillingness to alter "practices, policies, and procedures" which are impacting your access to a "place of public accommodation." 

  (All of this assumes that you have protections under 504 in an OFFICIAL capacity.  If you don't, you don't have any rights to anything other than what any other student has.)

I've spoken with Disability Services and unfortunately there is no way to tell someone that they can't eat. Even if there are posted signs that say No Food. 

The only reason notetaking came into the equation was because my coordinator mentioned it as a possibility if someone is already in the class and is taking notes.

There are no videos made of the lectures. I'll ask if they make recordings and if I will be able to access them.

Thank you!

Have you talked with your professors? I went around and talked or emailed my professors asking that no food be allowed in class. That way it usually ends up in the syllabus Also, try talking to someone else or even the director of Disability Services. I waffled around with a bad situation until I eventually got fed up and talked to the director. Stay positive and persistent!

Oh-- and one more thing that you've learned here.

NEVER assume.  Ever.  "Clarify" anything that involves your needs.

  That way you aren't relying on others to follow rules or policy, which can change abruptly or simply be ignored (as you discovered).

Prohibiting eating in class is something that disability services can ask faculty to do as an announcement of course policy.

BUT-- as you noted, you did not believe that it would pose a problem at the time, given the signage.

Have you mentioned the signage to anyone?  Might find out who "owns" the room-- is it departmental, college, or general facilities/administrative control?  Find out and bring it up to them.

Do you have an official 504 plan on file?  If you don't-- get one.  Without one, everything is merely a courtesy.

I don't know that you can argue for a mandatory note-taker... that one might be a hard thing to mount a compelling justification for, YK?  What I think you are within your rights to insist is:

a) that your tuition should grant you the same ACCESS to instruction and instructional materials as anyone else.  Ergo, if you are forced to leave class because of your disability, you are entitled to have access to the instruction that you missed.  This is a particularly compelling argument in light of the fact that you missed class because of a policy unrelated to instruction (allowing food).  You aren't asking for changes in the fundamental nature of the activity (assuming this isn't culinary school, all dimsum to the contrary...)

b)  you have the right to have your performance be evaluated without regard for your disability.  That is, you *ought* to get a make-up exam if you require medical care during one as a result of your disability.  However-- the instructor probably shouldn't have to take your word for it, either.

Even allergy symptoms which do not rise to the level of "life-threatening" impact peformance fairly profoundly:
Walker S, Khan-Wasti S, et al. "Seasonal Allergic rhinitis is associated with a detrimental effect on examination performance in United Kingdom teenagers: Case control study." J Allergy Clin Immunol. 2007; 120(2):381-7. Epub 2007 Jun 8.

Are you in the U.S.?  Do you have a 504?

As a consequence of losing my insurance, my inability to find a job, and my genuine desire to learn, I returned to school this semester. At first I felt confident that this would not be a repeat of my experiences in the workplace because a) there were posted signage saying no eating in class and b) I felt especially confident that exams would be safe because I had never experienced someone eating during an exam.

I was wrong on both counts and sought assistance from the program that coordinates assistance for those with disabilities. Their repeated stance was that a) they can't limit or prohibit food from classrooms and b) that, in the event that I have to leave class, I may or may not be able to receive notes depending on if there is or is not a note taker in that classroom. Given that I waited a month into the semester, I could see their point. They did say that I can take my exams in their office instead of my classes, since during the last exam people were eating, I had a reaction, and my performance was markedly lower than my previous performance.

However, this is to be the case for the next semester as well.

Is this par for the course? Can I ask for guaranteed note takers? I am feeling rather demoralized about my situation at this point.

Thank you for any insight.

ETA: this includes shellfish. I am talking a three course dim sum meal, full lunch type of eating.